INSTRUCTIONS 

PEEPAKED AND DISTEIBUTED BY THE STATE 
SCHOOL COMMISSIO:^^EE OF OEOR- 
GIA, m APRIL, 1878. 



FOR DISTRIBUTION TO SCHOOL OFFICERS 
AND TEACHERS. 



JaR. P. Harrison ft Co., Publlsbera ft State Printen. Atlanta. 6a. 



INSTRUCTIONS^ 

PEEPAEED ANT) DISTPJBUTED BY T^E STATE 

SCHOOL COMMI&SIOI^EE OF OEOK- 

GIA, IN APKIL, 1878. 



y'- 



FOR DISTRIBUTION TO SCHOOL OFFICERS 
AND TEACHERS. 



IffSTRUCTIOIS 

TO 

COUNTY SCHOOL OFFICERS AND TEACHERS. 



COUNTY BOARDS OF EDUCATION. 

I. County Boards are elected by the grand jury, and 
must be composed of freeholders. Vacancies in the Board 
are temporarily filled by the Judges of the Superior Court. 
The evidence of election, or appointment, required, is the 
certificate of the Clerk of the Superior Court, under seal. 
This evidence must be sent to this Department, and, until 
it is received, the Governor cannot issue commissions. 
Members of a County Board maybe removed by the Judge 
of the Superior Court, on address of two-thirds of the 
grand jury, for inefficiency, incapacity, general neglect of 
duty, or malfeasance or corruption in office. 

The term of members of the County Boards of Educa- 
tion is four years. At the first election, three members 
were chosen for two years, and two for four, as required by 
law. This was in 1872. Consequently, the term of office 
of three members of each Board in the State expired in the 
year 1874. In every such case, the grand jury, at the term 
of court corresponding to that at which the first election occur- 
red, should have chosen their successors for the full term of 
four years. In many cases this was not done at the proper 
time ; and^ in a few counties, even now, the Board consists 
of the original members. In some of these counties, suc- 
cessors to those whose terms have expired may have been 
chosen ; but if so, their election has never been reported to 
this office in the manner required by law, and they hold no 
commission. I hereby instruct the County School Com- 
missioners to inquire into this matter, and to report to this 
office the name or names of any member or members so 
chosen but not commissioned. Whenever the time for the 
election of a member of the Board has passed, and no elec- 



4 

tion has taken place, and subsequently an election has 
been held, the person so elected will hold his o^z^ for the 
remainder of the full term only. 

In this connection, I call the attention of County School 
Commissioners, and, through them, of the grand juries, to 
the fact that the term of office of the two members of their 
respective County Boards, chosen at the first election for 
four years, expired in 1876. At the term of court of that 
year, corresponding to that at which the first election was 
held, their successors ought to have been chosen. If this 
has never been dene up to the present date, the matter 
should still be attended to at the very first term of the court 
held. 

The certificate of the election of members of the County 
Boards must have the following requisites : 

1. It must be officially signed by the Clerk of the Su- 
perior Court, and must be under his seal of office. 

2. It must give the names of the members of the Board 
chosen, and must state whom they succeed. 

3. It must state how the latter vacated their offices. 

4. It must state the term of the court at which the ac- 
tion was taken. 

When a vacancy is filled by the Judge of the Superior 
Court, the above rules will apply to the certificate then 
given, except where, from the nature of the case, they are 
inapphcable. (Section 13, act of August 23, 1872.) 

As applicable to the present subject, I think it proper to 
add the following instructions, based upon provisions of the 
Code ; 

When a member of a county Board desires to resign, 
he should tender his resignation to the Governor, and not 
to the board y or grand jury. (Section 137, Code of 1873.) 

A member of a Board cannot perform any official duty 
until he takes the oath prescribed by law. If he does, he 
is liable to a fine of not less than two hundred dollars. 
(Section 146, Code of 1873.) 

Members of the County Board hold their offices until 
their successors are chosen and qualified. (Section 132, 
Code of 1873.) 

The office of member of the County Board of Education 
may be vacated in seven ways ; first, by death ; second, by 
resignation ; third, by decision of a competent tribunal ; 
fourth, by becoming ineligible; fifth, by removing from the 
State or county; sixth, by failure to apply for and obtain 
commissions, or by failure to qualify and give bond, or 



both, within the time prescribed by law ; seventh, by 
abandoning the office, or ceasing to perform its duties, 
(Section 135, Code of 1873.) 

DUTIES OF COUNTY BOARDS. 

2. County Boards are required to take bond of the 
County School Commissioner, with good security, for the 
faithful performance of his duty ; and the Board is made the 
judge of the amount of the bond, and the sufficiency of the 
security (Section 13, act of Angust 23, 1872.) 

Boards should be very careful in the performance of this 
duty, and see to it that the school fund is amply secured. 

3. County Boards are required to meet the first Tues- 
day of the month succeeding that of their election, or as 
soon thereafter as practicable, at the court-house, and or- 
ganize by electing one of their own num.ber President, and 
a Secretary, which last named officer shall be the County 
School Commissioner. The County School Commissioner 
may, or may not, be a member of the Board. A majority 
of the Board constitutes a quorum. (Section 14, act of 
August 23, 1872.) 

4. It is the duty of the County Board to hold regular 
sessions on the first Tuesday of the month succeeding their 
election, and each three months thereafter. The only com- 
pensation they receive for their services is exemption from 
road, jury and miUtia duty. (Section 15, act of August 23, 
1872.) 

The conferring of the power to hold a called meeting for 
a particular purpose, in this section, might seem to exclude 
the general power of holding called meetings, and this view 
has been taken by some. I am not, however, of that opin- 
ion. The law when on its passage in the shape of a bill, 
contained a clause providing for a money compensation to 
members of the Board at regular meetings, and mention 
of a particular called meeting seemed to be made simply 
for the purpose of giving the same compensation at that 
meeting. The money compensation was changed, and the 
section left in such form, on its adoption, as to raise a doubt 
in the minds of some about the power of holding other 
called meetings. In view of the fact that Boards in gen- 
eral, have the power of holding called meetings, unless 
such meetings are forbidden, and the further fact that, in 
section 20, the County Board is empowered to perform a 
certain duty at any meeting, ''regular or called," I hold 



6 

that such called meetings as the Board may think necessary 
are clearly legal. 

5. The County Boards are required to lay off their coun- 
ties into sub-districts, and they are empowered to alter the 
boundaries of those already laid off, whenever the public 
necessities may require. In performing this duty, they may 
adopt the militia districts, or make such other subdivisions 
as, in their discretion, may seem best. 

This section also imposes upon the Board the duty of 
locating schools. In many places, schools have been need- 
lessly multiplied. In all such places, by reducing their num- 
ber, the schools may be made better, and money may be 
saved. I charge the Boards to look well to this matter. 

The Boards are also to employ teachers, the contracts 
with whom must be in writing., signed in duplicate^ by tJie 
teacher in his own behalf^ and by the County School Commis- 
sioner in behalf of the Board, A man who simply teaches a 
school has no right to compensation out of the public fund. 
In order to be entitled to that kind of compensation, he 
must teach under a written contract with the Board — a con- 
tract having all the characteristics above set forth. 

The power to contract with teachers, which resides in 
the Board, carries with it the right to pay them more or less, 
according to the grade of qualifications exhibited. I in- 
struct the Boards to make discriminations of this kind 
wherever they believe the interests of the public will be 
promoted thereby. 

Forms for contracts between the teacher and the Board, 
and for supplemental contracts between the teacher and 
his patrons, will be prepared and distributed. (Section 16, 
act of August 23, 1872.) 

ha. In employing teachers for Jany sub-district. Boards 
are required by law to choose the persons recommended by 
the School Trustees of said sub-district, provided these 
persons shall be duly qualified and eligible, according to 
law. The Boards must see to it, that the persons chosen 
as teachers are duly qualified and eligible. (Section 2, act of 
February 22, 1877.) 

6. County Boards are to purchase, rent, or lease school- 
sites ; to build, repair, or rent school-houses ; to pjurchase 
maps, globes, and school- furniture ; and in them vests the 
title to all school property, whether real or personal, and 
to them belongs the custody, oversight and control of the 
same. (Section 17, act of August 23, 1873.) 

A section giving the County Boards the power to author- 



ize the levy of a local tax for the purposes above mentioned 
and for establishing higher schools, as provided in section 
16, and prescribing the manner in which the power was to 
be exercised, was lost when the act of August 23, 1873 was 
on its passage. Subsequent efforts to confer the same 
power have been Hkewise defeated. I hold, therefore, that 
while the power of taxation is mentioned in the concluding 
paragraph of the 17th section, the general way in which it 
is mentioned, and successive defeats of a well-defined power 
of that kind, clearly show that it was not the intention of 
the law-makers that it should be exercised. 

Wherever houses are needed, and friends of the public 
schools can be found who are willing to donate sites, I ad- 
vise County Boards to accept the same ; to take titles there- 
to, and to encourage the people to build suitable houses, 
either by their own labor or by subscription, as they may 
elect. 

7. County Boards are made a tribunal for hearing and 
determining any matter of local controversy in reference to 
the construction and administration of the school law. 
Their decision is binding on the parties to the controversy; 
but there is a right of appeal to the State School Commis- 
sioner. (Section 18, act of August 23, 1872.) 

Persons interested would do well to remember that the 
descision of local controversies belongs primarily to the 
County Boards. I refer them to the section of the law now 
under consideration for the manner in which appeals are to 
be made, 

8. County Boards also prescribe the text-books and 
books of reference ; but the Bible cannot be excluded from 
the public schools of the State. (Section 19, act of Au- 
gust 23, 1872,) 

The proviso to this section, interdicting the exclusion of 
the Bible from the pubhc schools, is the law in places where 
local school laws are in operation as well as elsewhere. 

9. County Boards grant licenses to teachers, on recom- 
mendation of the County School Commissioners, and this 
may be done at any meeting of the Board, regular or called. 
(Section 20, act of August 23, 1872.) 

10. County Boards hear and determine appeals from 
teachers whose licenses have been revoked for alleged cause 
by County School Commissioners. (Section 21, act of 
August 23, 1872 ) 

11. All disbursements of school funds to teachers and 



8 

others are made only upon order of the County Board. 
(Sections 22 and 30, act of August 23, 1872.) 

12. County Boards are empowered to fix the per diem 
compensation of the County School Commissioner, and are 
required to determine the number of days in each year 
which said commissioner may labor in performance of the 
duties required of him. (Section 23, act of August 23, 
1872.) 

County Boards may direct the County School Commis- 
sioner to visit ths schools at such times as they think 
proper. The commissioner is relieved of the duty of visit- 
ing the schools, except at such times as he may be ordered 
to do so by the Boards. (Section 4, act of February 22, 
1877.) 

I hereby instruct the Boards to take action upon the 
matters to which the provisions of law just quoted relate, 
at the first meeting of each year. The per diem of the 
commissioner will be three dollars, unless the Boards shall 
order otherwise. They can make it less than that sum, 
but cannot make it greater. The law also requires the 
Board to limit the number of days for which the commis- 
sioner shall charge for his services. And finally, by the 
recent provision of law above referred to, the commissioner 
is relieved of the duty of visiting the schools, unless the 
Board shall order otherwise. It is clear that these provis- 
ions of law put the compensation of the commissioner ab- 
solutely and completely in the power of the Boards. County 
Boards, in disposing of public funds, are in the exercise of 
2l public trust {qx the benefit of the people- of the county, 
That trust should be exercised prudently and wisely, as 
they would transact business for themselves. County Com 
missioners ought to be allowed a reasonable time for the 
discharge of their duties, but should not be allowed to pro- 
tract that time for their own personal benefit. At every 
session of the General Assembly, since our school system 
went into operation, there has been much complaint about 
what was alleged to be the exhorbitant compensation allowed 
to County School Commissioners. If exhorbitant compen- 
sation has been allowed in any case, the Boai^ds of Edu • 
cation are solely responsible for it. The principle of the law 
is clearly right. So many things of a local nature affect the 
value of labor, that it is very evident that the compensa- 
tion of the County Commissioner ought to be subject to 
local control. I hereby instruct the boards, wherever the 
evil of exorbitant compensation exists, to correct it at once. 



9 

13. _ County Boards, in certain cases, a^e required to set 
off, from the real estate held as school property, a certain 
portion, not to exceed four acres, which shall be exempt 
from all taxes, State and county, and from levy and sale. 
(Section 25, act of August 23, 1872.) 

14. County Boards, in order to meet the obvious de- 
mands of convenience, may consent to the attendance of 
children living in one sub-district upon the schools of an- 
other ; and, in like manner, the County Boards of two ad- 
joining counties may permit the children of one of the 
counties, residing near the line, to attend the schools of 
the other. (Section 26, act of August 23, 1872.) 

It will be observed that this section requires the co7zsent 
of the Boards, and when teachers admit to their schools 
children from another sub-district or county, without the 
consent required by law, they have no claim to compensa- 
tion for teaching said children. 

The Boards have, in some cases, passed a resolution 
giving general consent for any of the children of their 
county, living near a county line, to attend the schools of 
the adjoining county, or for the children of one sub-district 
of their county to attend the schools of another sub- dis- 
trict. I will not'say that this course is illegal. I will say, 
however, that the spirit and meaning of the law seem to 
me to require separate action upon each case as exigen- 
cies may arise. 

I call the attention of the Boards to the further fact that 
this section requires a teacher, who, by authority, admits 
children from an adjoining county to his school, to make 
out two accounts for his services — one against each Coun- 
ty Board — in amount proportioned to the number of chil- 
dren in the school from the respective counties. Formerly, 
it was necessary also to pay a teacher in one sub- district of 
a county for children coming to his school from another 
sub-district out of the school fund of that other sub-district. 
This is no longer required. ■ By the act approved Febru- 
ary 25, 1876, a change was made. There will no longer 
be a sub-district fund, arising from the apportionment of 
the county fund among the sub-distticts. All the teachers 
of the county will be paid out of the county fund. 

15. County Boards may establish evening schools in 
certain cases. (Section 27, act of August 23, 1872.) 

16. County Boards are required to communicate evi- 
dence to the State School Commissioner, that arrange- 
ments have been made by them for continuing primary 



10 

schools in operation for three months of the year, before 
the County School Commissioner can draw the county's 
prorata of the school fund. This the Boards will do through 
the County School Commissioner. (Section 28, act of Au- 
gust 23, 1872.) 

This is, perhaps, the most important section of the law. 
On it the entire school work must depend. By means of 
well-directed efforts on the part of the County Boards, free 
schools for three months may be established under it, every 
year, in every county throughout the entire State. The 
schools are to be kept up "by taxation or otherwise." The 
State fund is hardly sufficient to support the schools for 
three months in any county of the State, and must be supple- 
mented. The poHcy of doing this by voluntary, self-im> 
posed taxation has been repeatedly defeated in the General 
Assembly. This supplemental fund, then, must be raised 
"otherwise" than by taxation. In order for a county to 
draw the State fund, arrangements must be made to keep 
up the schools for three months. To do this, as the State 
fund is insufficient, the patrons must pay in part. In the 
forms of contract between the teacher and Board, and be- 
tween the teacher and his patrons, to be distributed from 
this office, one mode of keeping up the schools for the 
time required will be fully explained. I recommend this 
as the very best mode which I have been able to devise. 
The Boards, however, have great latitude in this matter. 
They contract with teachers, and the word ''otherwise" 
covers a great deal of ground. If the Boards can find out 
a better way, they are at liberty to adopt it. Whatever 
mode they may adopt, the conU'acts must be written; the 
schools must be made free to all; and the State must uot be 
bound for anything '}nore than the teacher s part of the pro 
rata going to the county. Disregard of this last will insure 
an adverse decision on the part of the State School Com- 
missioner upon the claims of any teacher that may be 
brought in question before him. It will be observed that ar- 
rangements must be made to keep up the schools throughout 
the '* entire county" before the county is entitled to draw her 
part of the public fund. Construing these words in the 
light of section 16 of the act, I hold that Boards will have 
complied with the condition contained in them when they 
have made arrangements for establishing at least one school 
in each sub-district, requiring them, at the same time, to 
establish as many as may be necessary to meet the wants 
of the public, wherever practicable. Boards have the 



11 

power, under the 16th section, of altering the boundary- 
lines of sub-districts, and may attach one sub-di-trict, in 
which it may be impracticable, from any cause, to establish 
a school, to another in which a school can be put in oper- 
ation. With the construction of the 28th section, above 
given, and the ample power of altering boundary lines just 
mentioned, no county need fail to draw the pro rata to 
which it may be entitled. 

As commissioners frequently send forward faulty reports 
under this section of the law, I suggest the following form 
as meeting, in full, all kgal requirements : 

I, — ^ ■ , County School Commissioner of the 

county of , do hereby certify that arrangements 

have been made by the Board of Education of said county 
for continuing primary schools, free to all, in operation for 
three months of the present year throughout the entire 
county, according to section 28, school law of August 23, 
1872, and the instructions of the State School Commis- 
sioner in relation thereto. . 187 — . 



County School Cemmissioner. 

Of course it will be understood that, in a sparsely settled 
county, or one in which certain portions are sparsely settled, 
a certii^cate to the effect that arrangements have been made 
for two months' free schools, as provided in the 29th sec- 
tion, will entitle the county to draw her part of the fund, 
and in this case the form above given should be modified 
accordingly. 

In employing teachers, Boards will have the means, 
through the information in reference to the State fund for 
this year's work herein communicated, of submitting to 
each an approximate estimate of the amount he may expect 
to receive from the State, and they will be expected to give 
this information, that teachers may avail themselves of it 
in getting up schools, and making supplemental contracts 
with their patrons. 

I have been frequently asked if a free school, established 
under this section, must remain free on to the end of the 
three months' term, even after the public fund is exhausted. 
It must remain free in one sense : pupils must not be ex- 
cluded because the public fund is exhausted. Patrons who 
are able to pay, will be bound by the supplemental contract 
signed by them, or by the general law of contracts if they 



12^ 

decline to sign, and can be, and ought to be, compelled tcr 
pay, if they refuse. 

17. In sparsely settled parts of a county, where it is im- 
practicable to make arrangements for keeping up primary 
schools for three months of the year, Boards of Education 
may establish schools for two months. (Section 29, act of 
August 23, 1872.) 

"Fifteen is fixed as the minimum limit to the number of 
pupils in these two months schools. In other schools, no- 
minimmn or maximum is fixed by law. This matter is left 
to the difccretion of the Boards, and ought to be decided 
as the interests of the community served may dictate. 

18. County Boards may establish manual labor schools, 
the plan of organization to be first submitted to, and ap^ 
proved by, the State Board of Education. (Section 32,. 
act of August 23, 1872.) 

19. County Boards are forbidden to introduce into the 
schools books of a sectarian or sectional character. (Sec- 
tion 33, act of August 23, 1872.) 

20. The Boards of Education of the several counties are 
required to pay out the poll tax, without any deduction for 
fees, or salaries of officers, to the support of common 
schools in the respective counties where said poll tax was 
raised. (Section ,1, act of February 28, 1874.) 

The State Board of Education has decided that the words 
'^without any deduction for fees or salaries of officers,'* do 
not apply to Tax Collectors and Receivers of Tax Returns, 
and that these officers are entitled to their regular commis- 
sions on the poll tax. 

The Boards will pay out this fund, of course through 
the County School Commissioners, who are the executive 
officers of their respective Boards. In other words, the 
Boards will pass an order for paying out, and the Commis- 
sioners will execute the order. 

The words, ''without deduction for fees, etc.," must not 
be construed as depriving County School Commissoners, 
of compensation. The law elsewhere allows them com- 
pensation, and there is a fund out of which it can be paid, 
viz ; that annually apportioned to the several counties. 

21. Members of the County Boards of Education may 
administer such oaths as may be necessary in transacting 
school business, or in conducting investigations before 
County Boards when sitting as judicial tribunals. (Section? 
1, act of February 23, 1876.) 

22. County Boards are required to appoint three intelli- 



1^ 

-gent, upright citizens in each sub district of their respective 
-counties to act as school trustees for their sub districts, and 
as vacancies occur from vv^hatever cause, these vacancies are 
to be filled by the Boards. (Section 1, act of February 22, 
1877.) 

COUNTY SCHOOL COMMISSIONER. 

23. The County School Commissioner is elected by the 
County Board of Education, and may be chosen from their 
own bodv, or from among other citizens of the county. 
{Section 13, act of August 23, 1872 ) 

The legal evidence of the election of this officer is the 
certificate of the Secretary /r^ tern, of the meeting at which 
the election takes place. 

A County School Commissioner may be removed from 
office by the Judge of the Superior Court, on address of 
two-thirds of the grand jury, for inefficiency, incapacity, 
general neglect of duty, or malfeasance or corruption in 
office. 

The term of office of the County School Commissioners 
expired in the year 1876, they having been chosen in 1872 
for four years. It may be that, in some cases, successors 
to the original Commissioners have not yet been chosen. 
If so, let this duty be performed at the first meeting of the 
Board. 

Certain instructions applying to members of the Boards, 
and based upon provisions of the Code, were given in the 
ifirst article of this pamphlet. I repeat them here, because 
they also apply to County School Commissioners. 

When a County School Com.missioner desires to resign, 
he should tender his resignation to the Governor, and not 
to the Board, or grand jury, (Section 137, Code of 1873.) 

A County School Commissioner cannot perform any 
•official duty without taking the oath prescribed by law. 
If he does, he is liable to a fine of not less than two hun- 
dred dollars. (Section 146, Code of 1873.) 

If a County School Commissioner performs any official 
act before his bond is approved and filed, as required by 
law, he is liable to a fine of not less than five hundred dol- 
lars. (Section 156, Code of 1873.) 

County School Commissioners hold, their offices until 
their successors are chosen and quaUfied, (Section 132, 
Code of 1873.) 

The office of County School Commissioner may be va- 
cated in the sam.e seven ways by which the office of mem- 



14 

ber of the Board may be made vacant. These ways are 
pointed out in the first article of this pamphlet. 

COMPENSATION. 

24. The County School Commissioner is to receive, for 
each day actually employed in the discharge of his official 
duties, 2i per diem compensation not to exceed three dollars, 
to be determined by the County Board. (Section 23, act 
of August 23, 1872.) 

For full instructions as to the Commissioner'^s compen- 
sation I refer to article 12, of this pamphlet. 

The second proviso to the section above referred to gives 
the Commissioner the right, in a certain contingency, to 
receive compensation at the State treasury. As there has 
been some misapprehension in reference to the meaning of 
this proviso, the State School Commissioner thinks that 
an official construction is necessary. The school law of 
January 19, 187-i, required the compensation of the County 
School Commissioner '' to be paid ottt of the educational fund 
furnished the county.''' (See section 25.) It was held that, 
under section 30 of the same law, a county was not entitled 
to receive its pro rata., if there was a failure on the part of 
the Board to make provision for continuing the schools for 
six months of the year. The County Commissioner would 
thus have been deprived, in case of s^iid failure, of all com- 
pensation for any absolutely necessary labor he may have 
performed, The provisio in question was inserted in the 
new law to remedy this evil, inasmuch as by the 28th sec- 
tion of that law, it was still possible for a county to fail to 
receive her pro rata. It will be seen, then, that in order to 
make the proviso available for the benefit of a County Com- 
missioner, there must have been an apportionment and 
general distribution of State school funds, from participa- 
tion in which his county has been excluded by failure to 
establish schools the length of lime required by law, now 
changed to three months. County Commissioners will be 
entitled to compensation at the State treasury only when 
the state of facts contemplated in the proviso really exists. 

DUTIES. 

25. The County School Commissioner is required to keep 
a record of the proceedings of the County Board. This 
record is declared by law, to be a pubhc record, open to 
the inspection of any person interested therein, (sections 
5 and 14, act of August 23, 1872.) 

The book necessary for this purpose, and that required to 



15 

be kept by the County Commissioners, in'section 22, and any 
stationery that may be necessary, must be paid for out of 
the county* sp7^o rata of the school fund. The law does not 
expressly so provn'de, but the State School Commissioner 
feels authorized to give this instruction. 

26. The County School Commissioners signs, in behalf of 
the County Board, the contracts made by them with teach 
ers, (section 16, act of August 23, 1872.) 

These contracts are to be signed in duplicate. One copy 
must be placed on file by the Commissioner, and the other 
given to the teacher. 

27. Appeals from the County Boards to the State 
School Commissioner, and from the State School Commis- 
sioner to the State Board, are made through the County 
Commissioner. (Sections 18, 5 and 6, act of Augugt 23, 
1872.) 

28. The County School Commissioner examines appli- 
cants for license to teach. (Section 20, act of August 23, 
1872.) 

The subjects to be examined upon, are Orthography, 
Reading, Writing, English Grammar, Geography, and 
Arithmetic. I recommend that Commissioners, in conduct- 
ing these examinations, use a scale ranging from one to ten ; 
and that the examinations be conducted in writing as far 
as practicable. I give the following rule for determining 
the standing of the applicant. Represent the standing 
upon each of the legal studies by one of the numbers of 
the scale, add together these numbers and divide the sum 
by the number of studies, and the quotient will represent 
the average standing. To illustrate : suppose the 
numbers be as follows : Orthgraphy 8, Reading 10, Wri- 
ting 7, English Grammar 9, Geography 6, and Arithmetic 
10; the sum of these numbers is 50 ; the number of studies 
6, and the quotient of the former divided by the latter 8j-, 
which represents the average standing. When the aver- 
age standing of the applicant is between 9 and 10, let him 
be recommended for a license of the third grade ; when it is 
between 7 J and 9, let the recommendation be for the second 
grade ; and for the first grade when the standing is between 
6 and 7J. The average of qualifications among teachers is 
such, at present, that I do not require rigid conformity to 
the foregoing instructions in reference to examinations and 
grading, but prefer to leave the subject with these recom- 
mendations, to the exercise of a wise discretion on the part 
of the Commissioners and Boards. The time has arrived, 



16 

however, in my judgment for becoming more rigid. Blanks 
for teachers' licenses will be prepared and distributed. 

29. The County School Commissioner is required to 
revoke licenses granted by him, or his predecessors, to 
teachers, for incompetency, immorality, cruelty to pupils, 
or general neglect of duty; but, in every such case, the 
teacher may appeal to the County Board. (Sec 21, act of 
August 23, 1872.) 

30. The County School Commissioner is the medium of 
communication between the State School Commissioner 
and the subordinate school officers; is required to visit the 
schools when ordered by the Board, and only when so 
ordered ; must take the enumeration of the school popula- 
tion every four years ; is to report the statistics of schools, 
both public and private, -and of colleges, (blanks for this 
purpose v;ill be prepared and distributed); is made the 
agent of the County Board in procuring school furniture, 
etc., (a provision which is rendered nugatory by the fail- 
ure, in the passage of the law, of that section of the bill 
which v/as intended to provide the means); audits the ac- 
counts of teachers, and is required to keep a book for re- 
cording his official acts. (Sec. 22, act of August 23, 1872; 
act of March 2, 1874; and sec. 4, act of February 22, 
1877.) 

A wish to economize the fund, or other sufficient reason, 
may lead the Commissioner to prefer to employ some one 
else to take the enumeration return. If he can employ a 
compete7it, trustworthy person, one who is acceptable to the 
Board of Education, I hold that he is at liberty to do so. It 
will be remembered, however, that the Commissioner is 
responsible for the work, and he will be so held. 

31 The County School Commissioner is made the cus- 
todian of the school fund of the county. (Sections 8 and 
30, act of August 23, 1872.) 

He receives the poll tax collected in his county from the 
Tax Collector. (Sec. 1, act of February 27, 1874.) 

He must give the Tax Collector a receipt for the sum 
thus received, for the protection of the latter officer in his 
settlement with the Comptroller General. 

When the schools of the county are within three weeks 
of closing, it is the duty of the County School Commis- 
sioner to give notice of that fact to the State School Com- 
missioner, who is thereupon required to send an order on 
the Tax Collector for the quota of the public school fund 



1^ 

apportioned to the county to the County School Commis- 
sioner. (Section 1, act of February 26, 1875.) 

The poll tax and the proceeds of the order just mention- 
ed, constitute the fund which passes into the hands of the 
County School Commissioner. 

32. County School Commissioners are empowered to 
administer such oaths as may be necessary in transacting 
school business, or in conducting investigations before 
County Boards when sitting as judicial tribunals. Section 
1, act of February 23, 1876,) 

33. County School Commissioners are required to re- 
cord the fact of the election of School Trustees for the sub- 
districts in the minutes of the County Boards, and to furn- 
ish the persons so elected certificates of their election. 
(Section 1, act of February 22, 1877.) 

These certificates should state the date of the election 
and the term for which the person has been elected, in or- 
der that the time when the term expires may be known 
from the face of the certificate. 

34. It is the duty of the County School Commissioner 
to make a report of the school operations of the preceding 
year to the grand jury at the spring term of the Superior 
Court, and to place his books before them for exami- 
nation. (Act of February 21, 1877.) 

This report should embrace full statistics of the schools,* 
such as the number of pupils of each race, the number of 
schools established for each of the races, the amount of 
funds received, an itemized statement of expenditures and 
any other facts likely to throw light upon the school opera- 
tions of the county, 

SCHOOL TRUSTEES. 

35. Three school trustees are appointed by the Board 
of Education for each sub-district of the county. The term 
of office is three years, commencing with the date of appoint- 
ment. When the appointment is first made, one of the 
appointees is appointed for one year; one, for two; and 
one, for three. By this arrangement one new Trustee 
will come into office each year. Vacancies are filled by 
the Board. (Section 1, act of February 21, 1877.) 

36. It is the duty of the Trustees to supervise the school 
operations of their sub-districts, to visit the schools and to 
make such recommendations to the County Board in rela- 
tion to the school interests of their sub-districts, as may 
seem to them best. 



18 

When teachers are chosen for their sub-districts by the 
Board, it is the right of the Trustees to recommend appli- 
cants, and it is the duty of the Board to choose, as teachers, 
the persons so recommended, provided these persons can 
stand the examination required by law, and can produce 
satisfactory evidence of good moral character. The Trus- 
tees are also required, in recommending applicants for 
teachers' places, to give their recommendation to the per- 
sons who are the choice of the communities to be served. 

It is also the duty of the Trustees to make a written 
report, in relation to the matters committed to their super- 
vision, to the County Board, at least, once a year, and 
oftener, if the Boards so order. (Section 2, act of Feb- 
ruary 22, 1877. 

DUTY OF TEACHERS. 

37. Teachers are required to report to the County School 
Commissioner the number of children admitted into school, 
the average attendance, the branches taught, the number of 
pupils engaged in the study of each branch, and such other 
statistics as may be required ; and, until said report is made, 
the County Commissioner cannot audit the account of the 
teacher for services. (Section 24, act of August 23, 1872.) 

Proper blanks for this report will be furnished. 
' Teachers, as soon as they open school, should have an 
eye to these duties. They ought, at once, to procure or 
make a book for the purpose of recording the foregoing 
particulars. Especially ought the names of all the pupils 
to be entered, and a full and complete register of attendance 
to be kept. A little instruction as to the mode of obtain- 
ing the average attendance may be necessary. This can 
best be given by means of an example. Suppose a certain 
school is opened for the months of April, May and June; 
and, to simplify, we will suppose that the whole number 
of pupils that enter is six. The whole number of school 
days in the months mentioned is sixty-five ; to make a full 
attendance of six pupils, it would be necessary for each 
pupil to attend all of the sixty-five days ; the truth of the 
case, however, is that the first attends sixty-five days ; t e 
second, sixty ; the third, fifty-five ; the fourth, fifty-three ; 
the fifth, forty-two; and the sixth, thirty. On adding these 
numbers together, the sum is found to be three hundred 
and five, which, being divided bv sixty-five, the number 
constituting full attendance, gives a quotient of 4 9-13 
which is the average attendance That is, though six 



19 

pupils were admitted, the average attendance of the six is 
only 4 9-13 pupils. 

When the County School Commissioner consolidates 
the reports of the teachers of the county, it will only be 
necessary for him to add all the numbers representing 
average attendance, in the several reports of the respective 
teachers, and this will give the average attendance for the 
county. 

In making out their accounts, teachers must charge only 
for the average number of pupils. Blanks for teachers' 
accounts will be furnished. 

GRAND JURIES. 

38. It is the duty of grand juries to elect members of 
the Board of Education. Whenever vacancies in the Board 
occur it is the duty of the jury promptly to fill those vacan- 
cies. (Section 13, act of August 23, 1872.) 

In electing members of the Board, the jury should 
embrace in their presentment the following particulars : 
(1) They should state correctly the names of the members 
chosen. (2) They should state whom each newly chosen 
member succeeds. (3) They should state how the vacancy 
occurred ; whether by expiration of the term, by death, 
by resignation, or otherwise. 

The grand jury may secure the removal from office of 
any member of the Board of Education, or of the County 
School Commissioner, for inefficiency, incapacity, general 
neglect of duty, or malfeasance, or corruption in office. 
This is done by address of two-thirds of the jury to the 
Judofe of the Superior Court, who is thereupon bound to 
make the removal. (Same section of the law as above.) 

The interests committed to Boards of Education and 
County School Commissioners are too sacred to be left in 
improper hands. Whenever satisfactory evidence of the 
existence of any of the above-mentioned causes of removal 
has been submitted in a given case, it is the duty of the 
jury promptly to recommend removal. 

it is further the duty of the grand jury, at the spring 
term of the Superior Court, to examine the books of the 
County School Commissioner, and the report of the school 
operations of the preceding year submitted by him, and to 
take proper notice in their general presentments, of the 
matters thus brought to their attention. (Act of February 
21, 1877.) 

I would also refer grand juries to the instructions appli- 



20 

cable tc ' 'An act to provide for the payment of the claims 
of school officers and teachers, for services rendered in the 
year 1871," approved March 3, 1874, Art. 44 of this pam- 
phlet, for the duties imposed upon them by that act. 

CLERKS OF THE SUPERIOR COURT. 

39. It is made the duty of the Clerk of the Superior 
Court, whenever members ot the County Board of Educa- 
tion are elected, or appointed, to forward to the State 
School Commissioner a certified statement of the facts, 
under the seal of the court, and signed officially by him. 
(Sec. 13, act of August 23, 1872.) 

TAX COLLECTORS. 

40. It is the duty of the Tax Collectors of this State to 
pay over the poll tax to the County School Commissioners 
of their respective counties. (Act of February 28, 1874.) 

For the decision of the State Board in respect to the 
words, "without any deduction for lees, or salaries of offi- 
cers," occurring in this act, see Article 20, of this pam- 
phlet. 

At the time of the apportionment of the State school 
fund, notice of the amount apportioned to each county is 
to be sent by the State School Commissioner to the Tax 
Collector of the county ; and it is made the duty of the 
latter to retain inhh hands ^ of the taxes first collected, a suffi- 
cient amount to pay the county's quota, and to pay the 
same to the County School Commissioner immediately on 
presentation of an order for the same from the State School 
Commissioner. (Sec. 2, act of February 26, 1875.) 

APPEALS. 

41. There may be an appeal upon any question touching 
the construction or administration of the school laws from 
the decision of the State School Commissioner to the State 
Board of Education. (Sec. 5, act of August 23, 1872.) 

There may be an appeal from the State School Commis- 
sioner to the State Board of Education on instructions 
issued by the Commissioner. If no appeal is taken, the 
instructions are binding. (Sec. 6, act of August 23, 1872.) 

There is an appeal from the County Board of Education, 
on matters of local controversy in reference to the con- 
struction or administration of the school law, to the State 
School Commissioner. (Sec, 18, act of August 23, 1872.) 

MISCELLANEOUS. 

42. The white and colored races cannot be taught to- 



21 

gather in the same school. (Sees. 17 and 26, act of Aug- 
ust 23, 1872.) 

As far as pra(jticable, the same facilities must be afforded 
to both races. 

43, The chief executive officer of a local school organi- 
zation under a special law is bound to make the same 
regular reports to the State School Commissioner as are 
required from the County Commissioners. 

The schools established under local laws are under the 
supervision of the State School Commissioner, and all the 
provisions of the general school laws in reference to appeals 
from the local school authorities, are of force in cities and 
counties under local school laws. (Sec. 34, act of August 
23, 1872.) 



Instructions applicable to *'An act to provide for the pay- 
ment of the claims of school officers and teachers, for 
services rendered in the year 1871," approved March 3, 
1874. 

44. This act appropriates the school fund in the Treasury 
at the time of the several apportionments, to the payment 
of the school debt of 1871, till said debt is fully paid. 
There is no limitation fixed to the operation of the act. It 
will remain of force until the debt is paid, or till the law is 
repealed. It is the duty of the County School Commis- 
sioners to continue to pay out the school fund apportioned 
to their counties on this debt, till the whole debt is paid. 
No power can alter or modify this duty except the grand 
jury. The grand jury, and the grand jury alone, has the 
power to arrest the application of the fund to the payment 
of the debt of 1871. By the first proviso to the third sec- 
tion of the act, they may recommend the levy of a tax, not 
to exceed twenty-five per cent, on the State tax, to be used 
instead of the school fund, or in supplement of that fund, 
for paying the debt of 1871. Should they wish a tax levied 
to be used instead of the school fund, their presentment 

should be in the following form : We, the grand jury of 

county, recommend that a tax of per cent, upon the State 

tax be levied, to be used instead of the school fund for paying 
the school debt <?/ ] 871. Under this action the Ordinary or 
County Commissioners will be compelled to levy the tax, 
the proceeds of which will go to paying the debt of 1871 ; 
while the school fund apportioned to the county will go to 
the support of schools. 



22 

If the jury wish a tax levied to be used in supplement 
of the school fund for paying the debt of 1871, they should 

recommend as follows : We^ the grand jury^ of county y 

recommend that a tax of per cent, on the State tax be 

levied to be used in supplement of the school fund for paying 
the school debt ^/ 1871. 

The force of this action will be to apply the whole of the 
school fund, and all of the fund raised by the tax, to the 
payment of the debt of 1871. 

If the jury do not desire to authorize the levy of a tax, 
and are unwilling to see the school fund applied to the pay- 
ment of the debt of 1871, they should recommend as fol- 
lows : Wcy the strand jury of county, recommend that the 

provisions of an act entitled *^An act to provide for the payment 
of the claims of school officers^ and teachers for services ren- 
dered in the year 1871, approved March 3, 1874, shall not 
apply or operate in the county of . 

The authority for this action is found in the fourth pro- 
viso to the third section of the act ; and whenever this 
action, or action equivalent to it, is taken, it kills the act, 
so far as that county is concerned ; the debt of 1871 is left 
unpaid, and the school fund apportioned to the county 
continues to goto the support of schools. A grand jury 
can do any one of the three things above set forth ; and 
this exhausts their power over the subject. There is 
nothing else that they can do. If they fail to act upon 
the subject non action leaves the appropriating provisions of 
the act in full force, and the school fund apportioned to the 
county can be applie (only to the payment of the debt of 1871. 

County School Commissioners will observe that this act 
appropriates only the school fund apportioned to the eounties 
to the payment of the debt of 1871. The poll tax is re- 
tained in the counties, and does not constitute any portion 
of the fund apportioned, and can be applied, consequently, 
only to the support of schools. 

This act requires an apportionment of the school fund to 
be made every six months. An act passed at a recent 
session of the General Assembly changes the mode of dis- 
bursing the school fund to the counties. By this last named 
act, the quotas of the several counties are to be paid to the 
County School Commissioners in orders on the Tax Col- 
lectors. No apportionment will, therefore, be made until 
the regular time in July, as the money cannot be realized 
on these orders till the taxes are collected in the fall. 

The second proviso to the third section of the act re- 



23 

quires the different County Boards of Education to scale 
the accounts of teachers and County School Commissioners 
for services rendered in 1871, whenever they shall deem 
these accounts unreasonable. 

"Wherever Boards have failed to perform this duty, they 
are still under obligations to perform it. The law is man- 
datory, leaving no option to the Boards. 

The third proviso to this section is ambiguous. The act 
was passed to provide for paying the debt due to teachers 
and school officers. There is nothing in it which requires 
refunding to patrons any amounts they may have paid to 
teachers. I have held, therefore, that the intention of the 
proviso was simply to prevent the refunding to patrons. 
Whatever patrons may have paid must be considered as so 
much paid on the claim, leaving only the unpaid balance 
to be provided for. If, in any county, all the teachers have 
been paid by their patrons, then the Commissioner alone is 
entitled to compensation. If some of the teachers have 
been paid, and others have received no pay from patrons, 
then the Commissioner and the unpaid teachers will be en 
titled to compensation. As stated above, there is ambigu- 
ity about the proviso. I have held as above set forth, and 
will continue so to hold till reversed. 

This act, as long as it continues in force, will throw un- 
certainty over the amount of school fund at the disposal of 
County Boards for the support of schools. No one can 
tell with any certainty, what the fund for supporting schools 
will be until the grand jury has taken action. This uncer- 
tainty should be explained to teachers when they are em- 
ployed, to prevent dissatisfaction at the time of settlement. 
Let teachers make supplemental contracts with their pa- 
tarons according to the prescribed forms. 



Instructions applicable to *'An Act to change and regu- 
late the school system in the counties of Ware, Echols, 
Lowndes, Berrien, Charlton, Dodge, and Clinch, in certain 
particulars," approved February 15, 1877. 

45. It has not been my custom to have local school 
laws published in the pamphlet of school laws usually dis- 
tributed, or to write instructions applicable to such laws. 
As the Act, bearing the title given above, is to operate in 
seven counties, I have determined to depart from the cus- 
tom, so far as the preparing of instructions is concerned. 

The first section of this Act provides that the County 



24 , 

School Commissioners of the several counties to which the 
Act applies shall not be required to visit the schools, or be 
entitled to receive compensation therefor. They are to 
appoint three competent persons in each school district, 
who shall visit and examine all the schools in their respect- 
ive districts, and report to the Commissioner of the county 
the order, standing and condition of said schools ; and, as 
compensation for these services, they are to be exempt 
from road and jury duty. 

It will be observed that the provisions of this section are 
similar, in some respects, to those of the general Act, pro- 
viding for School Trustees, approved February 22, 1877. 
The latter differs from the former in these particulars: 
Under the latter, the Board appoints the Trustees ; the 
Trustees report to the Board ; the Trustees receive no com- 
pensation; and, lastly, the Trustees serve for a definite, 
fixed term. In the section we are considering, as no term 
of service is fixed, it will be difficult to tell when the func- 
tions of the persons appointed by the Commissioners will 
cease. 

46. Section 2 makes it the duty of the County Com- 
missioner to apportion the school fund of the county 
among the school districts in proportion to the number of 
children of school age in each. 

This simply restores a provision of the Act of August 
23, 1872, repealed by the Act of February 26, 1876. 

The section under consideration further provides that 
the County Commissioner shall keep the fund of any dis- 
trict, after the appointment has been made, **until all the 
children of said district entitled to said school fund shall 
receive their proportion of instruction in said schools." 

This portion of the law will necessarily be inoperative. 
All the children entitled to the benefits of the fund will not 
be likely to attend school any year. The practical effect, 
therefore, of attempting to carry out this requirement, 
would be to leave the funds in the hands of the Commis- 
sioner 2)2 /^;^^^?^^. I, therefore, instruct the Commission- 
ers to put schools in operation and pay out the fund as 
heretofore, under the provisions of the general school law. 

47. Section 3 makes it the duty of the County Commis- 
sioner to require all teachers, expecting to receive any por- 
tion of the school fund, to keep a correct account of the 
number of days each child is taught, and said teachers are 
to be paid only for the time actually taught, in proportion 
to the price for the quarter. 



25 

I must construe the words, "teachers, expecting to re- 
ceive any portion of the school fund," to mean, teachers 
who have been employed by the County Board to teach a 
pud/ic school. This Act does not repeal that part of the 
general law which gives Boards the right to employ teach- 
ers ; and, consequently, none others than teachers thus em- 
ployed can expect any portion of the school fund. 

To keep an account of the time taught, and to receive 
pay only for the time pupils are taught, are merely re- 
quirements of the general school law, ol force throughout 
tne entire State. 

As to the other portion of this section, which authorizes 
the County Commissioner ''to pay for any number of 
scholars that may have been taught, or for any length of 
time, out of the school funds of said district," 1 shall give 
no instruction, as I am somewhat at a loss to know the 
meaning intended. 

48. i he fourth section makes it the duty of the County 
School Commissioner to examine all applicants for license 
to teach, and to give said apphcants license, if found com- 
petent ; and, for granting said license, his fee is one dollar, 
to be paid by the person receiving the license. 

Under the general law, the Commissioner examines, and 
the Board gives authority to grant the hcense. Under tne 
section we are considering, the whole matter of examina- 
tion and granting of license is in the hands of the Commis- 
sioner. Under the general law, there is no fee for grant- 
ing license. Under this section, the Commissioner re- 
ceives a fee. 

49. Tne fifth section provides that the County School Com- 
missioner shall receive a commission of two and a half per 
cent, on all moneys paid out by him. The fourth section, 
as we have j ust seen, gives him a fee for granting license. 
The law does not say that the per centage on moneys paid 
out, and the fees for license, shall be the only compensation 
to which the Commissioner shall be entitled. I hold, there- 
fore, that the provisions of the general school law in rela- 
tion to the compensation of this officer are still in force in 
the counties under this local law. 

50. Section 6 makes it the duty of the County Commis- 
sioner to lay before the grand jury, at each term of the 
Superior Court of his county, a plain and correct statement 
of his actings and doings since his last statement, or re- 
turn, and also to make his return to the State School Com- 
missioner, as now required by law. 



26 

The requirement of this act, in relation to the statement 
to be made to the grand jury, is very similar to that of the 
general law of February 21, 1877. The main difference is, 
that this Act requires a statement to be made at each term 
of the Court, while that confines the duty to the spring 
term of the Court. 

51. I must remark, in conclusion, that Boards and Com- 
missioners, in the counties under this local act, should re- 
member that the repealing section repeals only such laws, 
and parts of laws, as conflict with the provisions of the 
Act. All the provisions of the general school laws, which 
do not so conflict, are in force in the counties under this 
local law. 

52. The school fund for 1878 will not differ materially 
from that of 1877. The sources from which the fund is 
derived remain unchanged. I make this statement in obe- 
dience to the requirement contained in sec. 28, act of Aug- 
ust 23, 1872. 

53. I give the foregoing instructions to all and singular, 
the subordinate school officers of the State of Georgia, for 
their guidance in discharging their official duties for the 
year 1878 ; and I hereby enjoin upon them obedience to 
the same. 

GusTAvus J. Orr, 
State School Commissioner. 



LIBRARY OF CONGRESS 



019 751 747 5 




